Lansford zoner protests ordinance change

Council didn't hold public hearing before adopting, she says.

Lansford's zoning officer complained to Borough Council that an ordinance it adopted last month regarding the way she runs her office was passed improperly and language in the law should be changed.

Zoning officer Mary Kruczek said council never held a public hearing before adopting an amended zoning ordinance as required by the state Municipalities Planning Code.

Councilwoman Margaret Horowski said the ordinance was discussed at a public council Municipal Administration Committee meeting and by the Carbon County Planning Commission, and that constituted a public hearing.

Borough solicitor Robert Yurchak agreed.

Kruczek said that despite the committee meetings, council is required by law to hold a formal public hearing specifically for public comment before adopting an ordinance.

Language in the ordinance also should be changed so as not to hamper the borough with technicalities, she said.

In the past, the zoning officer had up to 30 days to issue a decision on a zoning application. The new ordinance allows five.

Kruczek said the ordinance should say explicitly that a decision is due after five business days so residents who drop off an application on a Tuesday don't expect a decision Saturday.

She said she met with the Municipal Administration Committee in April to address her concerns.

The committee agreed with Kruczek that the time period should be specified as "business days."

"The ordinance isn't written that way; it hadn't changed to business or working [days]," Kruczek said. "You can't have a technicality like that."

Horowski said it is implied the period is five business days.

The ordinance "did go through the county Planning Commission," Horowski said.

County planners review land development plans and propose ordinance changes for completeness, but are an advisory panel and their recommendations don't have to be followed.

Council did not comment on whether the ordinance should be amended.

In other matters, council President Robert Gaughan said former officer Jeremy Sommers still has the borough's drug-sniffing K-9 police dog, Ajax. Sommers was fired from the department in February after he pleaded guilty Jan. 20 to violating the civil rights of American citizens for his role in planting drugs at the homes of Panther Valley residents.

Council voted this month to give the dog to Hazleton police.

However, council also gave Sommers the right to keep Ajax even if he was furloughed or fired.

Gaughan said the borough's attorney and Sommers' attorney are discussing the matter.